View Amendment Current Amendment: 5 to Bill 4189

Rep. BEACH proposes the following amendment (LC-4189.VR0005H):

Amend the bill, as and if amended, SECTION 100, by striking Section 44-1-80(A) and inserting:

 (A) The Board ofDepartment of Public Health and Environmental Control or its designated agents must investigate the reported causes of communicable or epidemic disease. The Department of Public Health, upon approval of the Governor, may and must enforce or prescribe these preventive measures as may be needed to suppress or prevent the spread of these diseases by proper quarantine or other measures of prevention, as may be necessary to protect the citizens of the State. The Board of Department of Public Health and Environmental Control or its designated agents shall declare, when the facts justify it, any place as infected and, in case of hydrophobia or other diseases transmitted from animals to man, must declare such animal or animals quarantined, and must place all such restrictions upon ingress and egress of persons or animals therefrom as may be, in its judgment, necessary to prevent the spread of disease from the infected locality.

Amend the bill further, SECTION 100, by striking Section 44-1-100 and inserting:

 Section 44-1-100. AllIf so ordered by the Governor, all sheriffs and constables in the several counties of this State and police officers and health officers of cities and towns must aid and assist the Director of the Department of Public Health and Environmental Control and must carry out and obey his orders, or those of the Department of Public Health and Environmental Control, to enforce and carry out any and all restrictive measures and quarantine regulations that may be prescribed. During a state of public health emergency, as defined in Section 44-4-130, the director may request assistance in enforcing orders issued pursuant to this chapter and pursuant to Chapter 4, Title 44, from the public safety authority, as defined in Section 44-4-130, other state law enforcement authorities, and local law enforcement. The public safety authority may request assistance from the South Carolina National Guard in enforcing orders made pursuant to this chapter or pursuant to Chapter 4, Title 44, which may be deployed or activated only upon order of the Governor.

Amend the bill further, SECTION 116, Section 44-4-300, by striking the MACROBUTTON NoMacro <> undesignated paragraph and inserting:

 After the declaration of a state of public health emergency by the Governor pursuant to Section 25-1-440, DHECDPH may exercise, with the approval of the Governor and in coordination with state agencies, local governments, and other organizations responsible for implementation of the emergency support functions in the State Emergency Operations Plan for handling dangerous facilities and materials, for such period as the state of public health emergency exists, the following powers over dangerous facilities or materials:

Amend the bill further, SECTION 116, by striking Section 44-4-330(A) and inserting:

 (A) After the declaration of a public health emergency by the Governor pursuant to Section 25-1-440, DHECDPH may purchase and distribute antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies that it considers advisable in the interest of preparing for or controlling athe declared public health emergency, without any additional legislative authorization.

Amend the bill further, by adding appropriately numbered SECTIONS to read:

SECTION X. Article 5, Chapter 4, Title 44 of the S.C. Code is amended by adding:

 Section 44-4-495. For purposes of this article, "during a state of public health emergency" means a state of public health emergency declared by the Governor pursuant to his authority in Section 25-1-440.

SECTION X.A. Section 25-1-440 of the S.C. Code is amended by adding:

 (f) For a localized public health emergency, the sheriff of the affected county has the same powers and duties set forth in subsection (a) as does the Governor, until such time as the public health emergency crosses the county's border affecting another county. In addition, the same limitations on the Governor's powers and duties as set forth in subsection (a) apply to the same extent to a sheriff in the case of a localized public health emergency. "Localized public health emergency" means a public health emergency specific to a single county that does not cross the county's border or otherwise affect the residents of any other county of the State of South Carolina.

B. Section 25-1-440(a)(2) of the S.C. Code is amended to read:

 (2) declare a state of emergency for all or part of the State if he finds a disaster or a public health emergency, as defined in Section 44-4-130, has occurred, or that the threat thereof is imminent and extraordinary measures are considered necessary to cope with the existing or anticipated situation. A declared state of emergency shall not continue for a period of more than fifteen days without the consent of the General Assembly. Moreover, only one declaration for the same disaster or public health emergency is authorized pursuant to this section. Subsequent declarations for the same disaster or public health emergency require General Assembly consent;

Renumber sections to conform.

Amend title to conform.